Eflixir Terms of Service
Last updated on December 15, 2013
Please read the following terms and conditions (“Terms of Service”) carefully. By using the Services or Content (as such terms are defined below), you are agreeing to be bound by these Terms of Service which apply whether you are a registered or non-registered user of the Services (collectively “Users”). IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES. Reelyz LLC (d/b/a Eflixir) (“Eflixir”) and its affiliates (collectively “we” or “us” or “our”) provide a platform for positive films and related non-profits through www.Eflixir.com, our social media pages and applications, mobile applications, other software applications and any other websites owned, operated or controlled by us (collectively the “Services”). Some areas or features of the Services may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Service regarding use of the Services, unless otherwise expressly stated. 1. MODIFICATIONS TO SERVICES OR TERMS OF SERVICE We reserve the right to revise these Terms of Service at any time without notice by updating this posting. Your continued use of the Services will be deemed to be your irrevocable acceptance of any revisions. We reserve the right to restrict, suspend or terminate the Services or your access to the Services, in whole or in part, without notice, in our sole discretion. If we terminate your access to the Services based on a breach of any portion of these Terms of Service, we reserve the right to refuse to provide any Services or other services to you in the future.
1.ONLINE PRIVACY NOTICE
You may be required to set up a Eflixir account (“Eflixir Account”) in order to access certain features of the Services. If you elect to set up a Eflixir Account, you will provide true, accurate and complete registration information and will maintain as current and promptly update relevant personal information provided to Eflixir. You will not use false identities or impersonate any other person or use a name that you are not authorized to use. Only one (1) Eflixir Account is allowed per user and is for individual use only. You are responsible for safeguarding and maintaining the confidentiality of your Eflixir Account information and agree not to disclose your password to anyone, including friends, family, and business associates. Accordingly, you shall not allow other persons access to or use of such username or password. You shall not post your username or password on any website nor transmit it through unsecured sites. If we feel your username and password are insecure or otherwise problematic, we may require you to change it and/or terminate your account. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Eflixir Account, whether or not you have authorized such activities or actions. You agree to notify us immediately in the event of any unauthorized use of your Eflixir Account or any other breach of security. You agree not to assign, transfer or sublicense your rights as a user of the Services. Failure to comply with the obligations in this Section 3 may, at our option, result in immediate suspension or termination of your right to use the Services.
All users of Services must be 13 years of age or older. The Services are not directed toward children under 13 years of age, and we do not knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to us. Some of our Services may require you to be over the age of 18 or the age of majority for your state; please see the terms and conditions of the relevant offer for more details.
1.YOUR USE OF THE SERVICES
You are responsible for your use of the Services and for any consequences thereof, including any information or materials you choose to make available, public or private communications transmitted through the Services (including posts), usernames and passwords that you provide to the Services, including those usernames and passwords provided by you for access to various third party services (e.g., social networking and other accounts that you wish to link with your account on the Services). You will abide by all applicable laws in connection with your use of the Services. You may only use the Services for lawful purposes. You acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify our Services or any portion of them unless we have provided you with express written consent. You may not make a derivative use of the Services or their contents for any purpose, nor may you download or copy information of Users, or otherwise engage in data mining or similar data gathering.
1.USER-SUBMITTED FEEDBACK, SUBMISSIONS, POSTINGS AND E-MAILS
Certain areas on the Services may allow you to provide us or others with photos and other images, commentaries, reviews, audio and video, comments or other feedback about our Services, posts, public and private messages or other potential content from you (“User Materials”). Specific rules or additional terms may apply to the submission of certain User Materials. These terms will be provided in connection with those portions of the Services and, while these Terms of Service will apply to all User Materials, such additional terms shall supplement the Terms of Service unless expressly provided otherwise. In any event, any User Materials you send to us will not be treated as confidential.
1.OUR USE OF USER MATERIALS
While we do not claim ownership of User Materials, by providing User Materials to us or others via the Services you are automatically granting us a perpetual, irrevocable, worldwide, paid up, non-exclusive license to use the User Materials or any of its elements for any type of use forever, including promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include User Materials you provide. You agree that any User Materials you provide us may be used by us or our affiliates, and you are not entitled to any payment or other compensation for such use. You hereby confirm that: (a) your User Materials will be not be subject to any obligation, of confidence or otherwise, to you or any other person; (b) your posting of the content on or through the Services does not violate the privacy rights, publicity rights, copyrights or other rights of any other person; and (c) your posting is in accordance with this Terms of Service and that we shall not be liable for any use or disclosure of such User Materials. We reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Materials that are contributed to the Services. You acknowledge that we do not verify, adopt, ratify, or sanction User Materials, and you agree that you must evaluate and bear all risks associated with our use of User Materials or our reliance on the accuracy, completeness, or usefulness of User Materials.
1.YOUR USE OF OUR CONTENT
1.RESERVATION OF RIGHTS
Except for the rights explicitly granted to you in these Terms of Service, all right, title and interest in the Services and the Content are reserved and retained by us and our collective licensors, and no right, title or interest in the Services or the Content is transferred to you.
1.OTHER THIRD-PARTY SITES AND SERVICES
The Services may link you to other websites, software or mobile applications. These sites, software or applications may contain information or material that some people may find offensive, indecent, or objectionable. These other sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by us or any association with its operators. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Services or our software since such other sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Parts of the Services may be provided by third-parties and subject to the rules, policies and guidelines of such third party. Where content is provided by a third-party source, those services are governed by their respective privacy policies and terms. Third-party applications or features (“Third-Party Tools”) provided by the Services are not our responsibility. Your use of Third-Party Tools is at your own risk. We make no warranties or representations, express or implied, whether by statute, common law, custom, usage or otherwise, as to any Third-Party Tools, including non-infringement of third-party rights, title, integration, risks of program errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, or unavailability or interruption of the Services or operations, however caused, accuracy, availability, satisfactory quality, and merchantability or fitness for any particular purpose.
1.TRADEMARKS AND COPYRIGHTS
The Services and the Content are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, branding, logos or images on the Services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by us or others (“Trademarks”). We respect the intellectual property rights of others and require that users of the Services to do the same. You will not infringe the Copyrights, Trademarks or intellectual property rights of us or the owners of Content. The Content, Copyrights or Trademarks may not be used in connection with any other product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or our affiliates.
1.ABUSE OF SERVICES
You agree not to bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Services, or Content or mechanisms that protect or limit use or access to the Services or Content, including, but not limited to, any digital rights management functionality. You agree that you will not compromise security of the Services, Content and/or Eflixir Accounts or tamper with system resources. Also, decompiling, reverse engineering, disassembling, or otherwise using technical means to investigate and/or replicate the functionality of the Services and/or to copy or create other products based (in whole or in part) on the Services, is prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents.
We reserve the right to investigate suspected violations of these Terms of Service, including any violation arising from any submission, posting or e-mails you make or send to any portion of the Services. We may seek to gather information from the user who is suspected of violating these Terms of Service, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such materials from its servers as it deems appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms of Service has occurred, we may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND AGREE TO HOLD HARMLESS EFLIXIR AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “OUR COMPANIES”) AND THEIR OFFICERS, DIRECTORS, MANAGERS, EQUITY HOLDERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF OUR COMPANIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF OUR COMPANIES OR LAW ENFORCEMENT AUTHORITIES. 1. LOCAL REGULATIONS The Services and our software are intended for use in the United States only. We make no representation that Content in or available through the Services is appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Services from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable export control laws.
1.DISCLAIMER OF WARRANTIES
Your use of the Services is at your own risk. The Services, the Content and all the materials, information, software and facilities in the Services and the Content are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Our Companies do not warrant that the functions contained in the Services will be available, uninterrupted or error-free, or that the Services are free of viruses or other harmful components. Our Companies do not warrant or make any representations regarding the use or the results of the use of the Services, the Content and all the materials, information, software and facilities in the Services and the Content, or any web sites linked to the Services in terms of their correctness, accuracy, reliability, or otherwise. You assume all risk associated with the quality, performance, installation and use of the Services including risks of errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, or unavailability or interruption of Services or operations, however caused. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
1.LIMITATION OF LIABILITY
Our Companies disclaims all liability whether based in contract, tort (including negligence), strict liability or otherwise, and do not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the Services or any web site, or the material, information, software, facilities, services, Content on the Services or any web site, regardless of the basis upon which liability is claimed and even if any of Our Companies has been advised of the possibility of such loss or damage. Without limitation, you (and not any of Our Companies) assumes the entire cost of all necessary servicing, repair, or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law. Our Companies shall not be liable for any use or misuse of the software or any Services using software. You acknowledge software is being made available in reliance on the exclusions and limitations of liability and disclaimers of warranty set forth herein and that the same form an essential basis of the bargain between the parties. The material, information and opinions included and/or expressed in or on the services are not necessarily those of Our Companies or other Content providers. We may remove or modify any Content without notice or liability at any time in our sole discretion. We shall not have any obligation to monitor or review communications of users of the software or the Services, and the content of such communications is not our responsibility. Any use of the features of the software or the Services which allow users to communicate will be at your own risk and will be subject to the disclaimers and limitations on liability set out above.
You agree to indemnify and hold harmless Our Companies and our respective officers, directors, managers, equity holders, employees and agents from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees and expert witness fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto our servers, and/or from any and all use of the Services or your account.
The Services and Content are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates. These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania.
1.DISPUTES / ARBITRATION
If a dispute arises between you and us, our preference is to resolve the matter quickly and in the most cost effective manner possible. Before resorting to the methods described below for settling a dispute, we ask that you provide us with notice of the dispute via email to email@example.com. Upon receipt, we shall have no less than ten (10) business days to attempt to resolve the dispute with you before the parties resort to the other alternatives described in this Section 19. Any dispute of any kind between you and any of our Companies arising under these Terms of Service shall be resolved by binding arbitration. Both parties reserve the right to seek an injunction or temporary restraining order from a federal or state court in the United States. However, after such request for relief has been heard by such court, the remainder of the dispute will be resolved by binding arbitration as otherwise set forth herein. We reserve the right to demand any remedy for violations of these Terms of Service and/or any other rules and regulations set forth on the Services, including the right to block access from a particular Internet address. Any arbitrator proceeding over a dispute arising under these Terms of Service shall have substantial experience in the subject matter relevant to the matter in dispute and shall follow the laws of the Commonwealth of Pennsylvania in adjudicating the dispute. The parties agree that an arbitrator proceeding over a dispute should seek, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties. The parties also agree that they will follow the JAMS rules in arbitrating their dispute, except to the extent that the JAMS rules are inconsistent with this Agreement or the class action waiver described below. If the claim you wish to assert against us is less than $10,000, then, at your election, the arbitration may proceed in-person, by telephone, or by written briefs. At your election, you also may bypass arbitration and proceed to assert your claim in small claims court. If either party files a claim in state or federal court that is required by this Agreement to have been brought to arbitration, then the other party shall be entitled to his/her/its reasonable attorneys’ fees incurred in successfully filing a motion to compel the claim to arbitration. 1. CLASS ACTION WAIVER The parties agree that they will resolve their disputes on an individual basis. Any claims brought under this agreement must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. This agreement also prevents any party from participating in a class action (existing or future) that was brought by any other party. Instead, the parties agree to resolve their disputes under this agreement on an individual basis.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
Headings and captions are used herein for convenience only and shall not be used to interpret these Terms of Service. As used herein, “including” means “including, without limitation.”
We are interested in hearing from you. You may provide suggestions, comments or other feedback by writing to firstname.lastname@example.org.